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New York State Police Confiscate Guns..From the Wrong Guy
Townhall ^ | April 11, 2013 | Katie Pavlich

Posted on 04/12/2013 12:36:55 AM PDT by neverdem

So, about that "we'll never come take your guns thing." From The Blaze:

On April 1st, a legal gun owner in upstate New York reportedly received an official notice from the state ordering him to surrender any and all weapons to his local police department. The note said that the person’s permit to own a gun in New York was being suspended as well. The gun owner contacted attorney Jim Tresmond (a specialist in gun laws in New York) and the two visited the local police precinct.

Mr. Tresmond reportedly went into the precinct and informed the officers that his client, waiting in the parking lot, was coming in to voluntarily surrender his weapons as requested. The local police were aware of the letter because they had already been contacted by the State Police. Apparently, if people do not respond to the initial mailing, local law enforcement is authorized to visit the gun owner at their home and demand the surrender of the firearms. In this case, the gun owner followed the request as written. The guns and permits were handed over and a receipt given to the client.

After the guns were turned over, a request for a local hearing was filed and the gun owner is expecting to have his Second Amendment rights restored. But there is more to this story.

In our conversation with lawyer Jim Tresmond, we learned that this client, who has never had a problem with the law — no criminal record and or violent incidents on record — did have a temporary, short term health issue that required medication. But how were his client’s private medical information accessed by the government? This appears to be a violation of HIPAA and Health Information Privacy policies at HHS.gov. If it is declared a violation, this becomes a civil rights issue.

How did this happen? By pushing through a reckless gun control law in the middle of the night thanks to New York Governor Andrew Cuomo, that's how.

How did confiscation start happening so quickly? Apparently the gun grabbing was triggered by something inside the NY SAFE Act — New York’s new gun law — that has a provision apparently mandating confiscation of weapons and permits if someone has been prescribed psychotropic drugs.

And OOPSIE, they had the wrong guy, fantastic:

“Erie County Clerk Chris Jacobs said that late today he received a call from the New York State Police informing him that they had provided information on the wrong person when they notified his office of someone whose permit should be suspended because of the new mental health provisions in New York’s SAFE Act,” the release begins.

“When the State Police called to tell us they made a mistake and had the wrong person … it become clear that the state did not do their job here and now we all look foolish,” the release went on to say in a quote from Clerk Jacobs.

This is what happens when gun grabbing zealots who really have no idea what they're doing speedily pass legislation "in the name of doing something." It's reckless, it's dangerous and it's a violation of civil rights.

As a reminder, let's look back on a few of the times we've been told "nobody is coming for your guns" since the gun control debate started up again in December.

New York Governor Andrew Cuomo:

"This is not taking away people's guns."

President Barack Obama:

"I will not take your shotgun away, I will not take your rifle away, I won't take your handgun away."

Vice President Joe Biden:

"There's no way Uncle Sam can go find out whether you have a gun."

Gun confiscation will never happen, even though it already has.


TOPICS: Constitution/Conservatism; Crime/Corruption; Editorial; Front Page News; Politics/Elections; US: New York
KEYWORDS: banglist; bloodoftyrants; democrats; donutwatch; govtabuse; gunconfiscation; guncontrol; idiotgovt; incompetence; nyspisajoke; policestate; rapeofliberty; safeact; secondamendment; tyranny
Videos of the fibbers are at the source.
1 posted on 04/12/2013 12:36:55 AM PDT by neverdem
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To: neverdem

Typically what happens when government is in control and makes a major mistake! Of course the persecuted has no recourse against the government. That is the current law!

Just another of our wonderful Constitutional rights - or use to be...


2 posted on 04/12/2013 12:44:43 AM PDT by Deagle (quo)
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To: Deagle

Ultimate power and authority corrupts.


3 posted on 04/12/2013 12:49:59 AM PDT by exnavy (Fish or cut bait ...Got ammo, Godspeed!)
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To: exnavy

Absolutely and today it shows profusely! We are in the midst of corrupt power. And I always thought it was just the corporations and such...hehe, silly me, it was always the politicians!


4 posted on 04/12/2013 12:55:35 AM PDT by Deagle (quo)
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To: neverdem
Even if it had been the right guy what happened to due process of law?

Posted: Full Text of 'The Public Safety And Second Amendment Rights Protection Act'

The Toomey-Manchin Treason Bill does the same thing on the FedMob level.

- Clarifies that submissions of mental health records into the NICS system are not prohibited by federal privacy laws (HIPAA).

5 posted on 04/12/2013 12:58:12 AM PDT by TigersEye (The irresponsible should not be leading the responsible.)
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To: neverdem

“A well regulated Militia, being necessary to the security of” “a free State”

Well. There’s your problem right there. New York is not a free state!


6 posted on 04/12/2013 12:58:22 AM PDT by BigCinBigD (...Was that okay?)
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To: neverdem
“No one needs ten bullets to kill a corrupt politician deer” . . .

Benjamin Franklin wanted impeachment instituted as the preferable alternative to assassination of “obnoxious” leaders. But how can the people initiate such when that authority is taken from them?
7 posted on 04/12/2013 12:58:24 AM PDT by Olog-hai
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To: neverdem

When I read the thread title and saw that the pigs had confiscated guns from “the wrong guy”, I thought they tried to confiscate guns from “the wrong guy” (if you get my drift). It’s only a matter of time before a government confiscation operation goes... awry.


8 posted on 04/12/2013 1:00:21 AM PDT by Lancey Howard
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To: Olog-hai

Assassination is such an ugly word. I prefer the term Waste Management!


9 posted on 04/12/2013 1:00:34 AM PDT by TigersEye (The irresponsible should not be leading the responsible.)
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To: exnavy

any excuse for a tyrant.


10 posted on 04/12/2013 1:08:20 AM PDT by Secret Agent Man (I can neither confirm or deny that; even if I could, I couldn't - it's classified.)
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To: neverdem

The left always, always lies. Politically left politicians do not know how to tell the truth....never, ever.


11 posted on 04/12/2013 1:18:46 AM PDT by Forty-Niner (The barely bare berry bear formerly known as Ursus Arctos Horribilis.)
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To: Lancey Howard

” It’s only a matter of time before a government confiscation operation goes... awry.”

I have had the same notion recently. This is going to get good folks killed on both sides.

An innocent person should never have their legal firearms taken by authorities, and LEOs should not be put in the position of enforcing unconstitutional laws.

I pray more states pass laws like Kansas to protect our freedom from the feds, and that this country does not fight another war over state’s rights.


12 posted on 04/12/2013 1:33:59 AM PDT by MikeSteelBe (Austrian Hitler was, as the Halfrican Hitler does.)
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To: neverdem

must have been a member of the Tea Pary


13 posted on 04/12/2013 1:34:23 AM PDT by gattaca ("Best argument against democracy, a 5-minute conversation with the average voter" Winston Churchill)
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To: neverdem; All

I’ve been digging around trying to find out how many cops are on prescribed psychotropic drugs. I haven’t found much data on cops but the numbers on overall use are staggering, maybe more than one in five people on the street are stoned to some degree.


14 posted on 04/12/2013 1:36:43 AM PDT by SWAMPSNIPER (The Second Amendment, a Matter of Fact, Not a Matter of Opinion)
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To: Lancey Howard

Someone is gonna tell them to go pound sand and all hell will break loose.


15 posted on 04/12/2013 1:38:37 AM PDT by SWAMPSNIPER (The Second Amendment, a Matter of Fact, Not a Matter of Opinion)
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To: Secret Agent Man; Deagle

We need to man up and prepare for the American revolution II.


16 posted on 04/12/2013 2:02:52 AM PDT by exnavy (Fish or cut bait ...Got ammo, Godspeed!)
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To: TigersEye

Thanks for the link.


17 posted on 04/12/2013 2:20:12 AM PDT by neverdem ( Xin loi min oi)
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To: SWAMPSNIPER

—Someone is gonna tell them to go pound sand and all hell will break loose.—

Wish I could be as positive as you on this issue but . . .
Our recent history does not support this. Waco, Ruby Ridge, Elian (sp?), the gun grab in New York, just to name a few. When they come for me, for whatever reason, I don’t think there will be a national uprising. I will either die on my front porch and be an ignored and forgotten man denied my rights as the MSM sides with our masters as they control the narrative. Sad.

Very difficult to maintain a positive attitude in such times.


18 posted on 04/12/2013 3:39:55 AM PDT by benasawin
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To: neverdem
This appears to be a violation of HIPAA and Health Information Privacy policies at HHS.gov. If it is declared a violation, this becomes a civil rights issue.

News flash, folks. Obamacare mandates, yes MANDATES that your doctor put all of your medical records into a government controlled database under the guise of increasing efficiency by 'going paperless.'

19 posted on 04/12/2013 4:11:18 AM PDT by Yo-Yo
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To: benasawin
There may be a number of us "dying on the front porch" soon. Nevertheless, it is a "grave duty" and I propose to take at least a couple with me.

μολὼν λαβέ


20 posted on 04/12/2013 4:23:32 AM PDT by wastoute (Government cannot redistribute wealth. Government can only redistribute poverty.)
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To: neverdem
New York State Police Confiscate Guns..From the Wrong Guy

The ONLY reason he was the "wrong guy" is because

HE FOUGHT BACK!


21 posted on 04/12/2013 5:07:05 AM PDT by Roccus
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To: neverdem

“When the State Police called to tell us they made a mistake and had the wrong person … it become clear that the state did not do their job here and now we all look foolish,” the release went on to say in a quote from Clerk Jacobs.


Sue the bastards! Its the only way to stop this madness. Sue them out of existence.


22 posted on 04/12/2013 5:22:06 AM PDT by Flick Lives (We're going to be just like the old Soviet Union, but with free cell phones!)
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To: neverdem

23 posted on 04/12/2013 5:23:09 AM PDT by Travis McGee (www.EnemiesForeignAndDomestic.com)
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To: neverdem

Once the state has a power they will use it no matter what.

They don’t really need a guilty person - anyone will do.

They will pound that square peg into a round hole then throw away the hammer.


24 posted on 04/12/2013 5:29:13 AM PDT by Iron Munro (Welcome to Obama-Land - EVERYTHING NOT FORBIDDEN IS COMPULSORY)
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To: exnavy

I have been ready for years.


25 posted on 04/12/2013 6:49:07 AM PDT by Resolute Conservative
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To: Deagle
Of course the persecuted has no recourse against the government.

Not so... The myth that you can not sue local police, judges, under the 11th Amendment, is just that a myth.

They do not hold any special authority.

If my research (Thank you Rod Class) is correct the Judges, Police are private contractors and can be sued.

26 posted on 04/12/2013 7:23:32 AM PDT by SERE_DOC ( “The beauty of the Second Amendment is that it will not be needed until they try to take it.” TJ.)
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To: MikeSteelBe
An innocent person should never have their legal firearms taken by authorities, and LEOs should not be put in the position of enforcing unconstitutional laws.

If these LEO's conduct unconstitutional confiscation of firearms, (and they KNOW when it's wrong) they deserve what's coming to them. If they are acting as a tool for the tyrants, they themselves are tyrants as well.

So, knock yourselves out fellas.

27 posted on 04/12/2013 7:45:02 AM PDT by unixfox (Abolish Slavery, Repeal The 16th Amendment!)
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To: wastoute

>>...I propose to take at least a couple with me. <<

There are many of us who will do the same. Many.

Best of luck FRiend.


28 posted on 04/12/2013 7:45:22 AM PDT by appalachian_dweller (Live each day as if it's your last. It might be.)
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To: neverdem

So!?!?!???

Did the Jack Booted Fags give his property back????


29 posted on 04/12/2013 8:09:50 AM PDT by Vendome (Don't take life so seriously, you won't live through it anyway)
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Click the Tree

We wish it grew there

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30 posted on 04/12/2013 8:57:45 AM PDT by TheOldLady
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To: Flick Lives

If you’re going to sue these people then sue them individually and severally so they have to pay for their legal defense out of their own pocket. Bankrupt them! They won’t learn if their legal fees are paid for by the taxpayers.


31 posted on 04/12/2013 3:03:25 PM PDT by MeganC (You can take my gun when you can grab it with your cold, dead fingers.)
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To: neverdem

Gun control — confiscation — is vital to further progress of the Socialist agenda because those supporting it know full well that it can and will be resisted successfully as long as the population is armed.


32 posted on 04/12/2013 8:02:28 PM PDT by Ronin (Dumb, dependent and Democrat is no way to go through life - Rep. L. Gohmert, Tex)
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To: neverdem

THAT didn’t take long.


33 posted on 04/12/2013 8:29:03 PM PDT by Paladin2
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To: Resolute Conservative

Yes, it not like we couldn’t see this coming. My father was a small time gunsmith, passed in 1996, he told me the day they passed the gun control act of 1968 that in my lifetime they would come after my guns.


34 posted on 04/13/2013 2:32:06 AM PDT by exnavy (Fish or cut bait ...Got ammo, Godspeed!)
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